Privacy notice for adult care operations and health

Who is collecting and using your personal data?

Devon County Council will act as a ‘data controller’ for any personal data or information that we record and use about you. As such, we will ensure that the information given to us is processed (that is used, stored, shared and destroyed) in line with our organisation’s data protection policies and in line with your rights under the Data Protection Act 2018 and the EU General Data Protection Regulation (GDPR).

Should you wish to find out more about Devon County Council’s data protection policies please contact our Data Protection Officer.

Why are we collecting your personal data?

We will use information about you to provide you with a social care and health service. We rely on the Care Act 2014 as the lawful basis for processing your personal information. We are managing your information with your consent however if there is doubt about your ability to make this decision, a mental capacity assessment will be completed at the earliest opportunity and if needed, a decision made in your best interest. Devon County Council Adult Care Services may also need to process your information under the public interest condition, Article 6(1)(e) of the GDPR allows us to do this and Article 9(2)(h) of the GDPR allows us to process information for health and social care purposes.

Who will we share your personal data with?

We make every effort to keep all of the personal information held secure, whether held electronically or as paper copies. We also ensure that only members of staff with a legitimate reason to access your information have permission to do so.

In order to exercise our safeguarding obligations under the Care Act 2014 it may be necessary for us to share your personal data with authorised partner organisations and we will ensure this is done in a secure manner and the information shared is proportionate in order for them to deliver your services.  These partners will also include organisations that we commission to provide care and support, such as home care agencies or care homes.  You will hear these called providers.  As they are delivering care on our behalf these organisations must keep your details safe and secure, and as the data controller we will make sure that they comply with our required information sharing standards and protocols.

In certain circumstances, such as safeguarding enquiries and criminal investigations we are legally obliged to provide information to the Police. However, we have procedures in place that allows this to be carried out in a secure and confidential manner.

How long will we hold your personal data?

We will retain your personal data for only as long as is necessary, and in line with our organisation’s record retention schedules.

Exercising your rights

Under the Data Protection Act 2018 and the EU General Data Protection Regulations you have the following rights:

  • The right of access to your own personal data – see information that organisations hold about you.
  • The right to request rectification or deletion of your personal data – you are entitled to have personal data we are holding rectified if it is inaccurate or incomplete.
  • The right to object to the processing of your personal data – you may request that restrictions are placed on how we process or use your information.
  • The right to request a copy of the information you provide us in machine readable format to use for your own purposes.
  • The right to withdraw your consent to any processing that is solely reliant upon your consent at any time.

Should you wish to exercise any of your rights, you should contact the Data Protection Officer.

Your right to complain

In the event that you wish to complain about the way that your personal data has been handled by Devon County Council, you should write to the Data Protection Officer and clearly outline your case. Your complaint will then be investigated in accordance with the Council’s customer feedback procedure. If you remain dissatisfied with the way your personal data has been handled, you may refer the matter to the Information Commissioner’s Office whose contact details are below:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Email:casework@ico.org.uk